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The High Court ordered the return of a 10-year-old child to Romania after finding that the child's mother wrongfully retained her in Ireland following an agreed holiday. The court accepted that the child, who had lived most of her life in Romania, objected to returning, but found those objections were not decisive due to inconsistent evidence regarding her living conditions and the alleged risks posed by her father. The mother failed to prove consent for relocation, grave risk of harm, or intolerability if the child were to return. The court found that the child’s habitual residence remained Romania and exercised its discretion in favour of return, emphasising the importance of the ongoing Romanian proceedings regarding the child's long-term arrangements.
child abduction – wrongful retention – habitual residence – Hague Convention – Child Abduction and Enforcement of Custody Orders Act 1991 – Council Regulation (EU) 2019/1111 – Romania – Ireland – objections of the child – consent – grave risk – intolerability – parental rights of custody – judicial discretion – family law – Rules of the Superior Courts (RSC) – interim custody order – relocation proceedings
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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